Taxation of personal income is regulated by the Tax Code of the Republic of Armenia (TC RA). Under the general taxation system, income tax (PIT) is levied.
The procedure for paying PIT from income under an employment contract depends on two main factors:
- the status of the employer (whether the employer is recognized as a tax agent);
- tax status (whether an individual receiving income is recognized as a
tax resident in Armenia).
Remuneration received under employment contracts concluded with residents or non-residents operating in the Republic of Armenia through a permanent establishment is income from sources in Armenia (clause 1, clause 1, article 144 of TC RA). Remuneration under employment contracts concluded with non-residents who do not operate in Armenia through a permanent establishment is income from sources outside Armenia (clause 4 p. 144 of TC RA). Consequently, the source of income is determined not by the place of work of the employee himself, but by the location of the employer.
Recognition of wages as income from sources in Armenia or income from sources outside of Armenia affects the procedure for paying the tax, as well as the calculation of the tax amount.
At the same time, a permanent establishment of a non-resident is recognized as a place of business in Armenia through a branch, representative office, or without them. In particular, a permanent establishment is a place where work is performed and (or) services are provided through hired employees and (or) other personnel of a non-resident organization or non-resident individual if this activity continues on the territory of the Republic of Armenia in the tax year of 183 or more calendar years. days from the date of commencement of entrepreneurial activity (clause 2, article 27 of TC RA). Permanent establishments are subject to registration with the tax authorities (clause 7, article 27 of TC RA).
As a general rule, regardless of the place of employment, the Armenian employer is recognized as a tax agent in relation to the income of employees - both tax residents and non-residents. The tax agent must calculate, withhold and pay PIT to the budget (clause 1, article 152 of TC RA).
At the same time, as noted above, a foreign organization that does not have a branch or representative office in Armenia, but which operates in Armenia through its employees, can also be recognized as a tax agent. In this case, the foreign organization is recognized as having a "permanent establishment" in Armenia and is subject to tax registration.
Procedure for declaring and paying taxThere are two different reporting periods for taxation (the term "tax period" is not used): in the presence of a tax agent - a calendar month (clause 1, article 151 of the Tax Code of the Republic of Armenia); when paying tax by an individual on his own - a calendar year (clause 3 of article 151 of TC RA).
As a general rule, the employer pays the calculated and deducted PT
by the 20th day of the month following the reporting month (clause 1, article 152, clause 1, article 158 of TC RA).
The employer submits the payroll for each month also before
the 20th day of the month following the reporting month (clause 1, article 156 of TC RA).
Tax calculationIt is planned to reduce the tax base of an employee by the so-called. reduced income (deductions), in particular, for the following amounts of income from the employer (Article 147 of TC RA):
- voluntary pension payments in the amount not exceeding 5% of the tax base;
- employer's insurance payments for employee health insurance. The deduction applies up to AMD 10,000 (֏) per employee per month;
- the employer's expenses for organizing assistance to individuals, their food, organizing social and cultural events for them, and other similar expenses, as well as the employer's representation expenses - within the limits of the amounts taken into account when taxing the profit of the organization - employer.
Deductions can be applied to the income of employees, regardless of their tax status (resident or non-resident).
Income in the form of wages under an employment contract with an Armenian employer is taxed at a
rate of 20%, regardless of the tax status of both the employee and the employer (Article 150 of TC RA).
Thus, the procedure for taxation of income under an employment contract with an Armenian employer is the same for any employee, both for tax residents and non-residents.
For your information, below is a summary of the criteria for tax residency in Armenia. More information is available here.